Darnell v. State
Supreme Court of Arkansas
APPEAL from Ouachita Circuit. Court. Hon. B. E. Askew, Judge. Quo warranto does not lie for every imaginary evil. This court cannot go beyond what is alleged in the complaint, to see if the state has suffered from misuser or nonuser of the charter.
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APPEAL from Ouachita Circuit. Court. Hon. B. E. Askew, Judge. Quo warranto does not lie for every imaginary evil. This court cannot go beyond what is alleged in the complaint, to see if the state has suffered from misuser or nonuser of the charter. And as the complaint fails to charge that appellants, and those under whom they claim, had so misused their charter as to permit the pike to fall into decay and render it dangerous and inconvenient to travelers, this court should reverse the judgment. 23' Wend., 222; 15 ib., 130-1; 9 ib., 278 et seq. Mere neglect to fulfill all the requirements of…
1Opinion of the CourtCockrill, C. J.
The appellants enjoyed a corporate franchise under a charter framed under the general act of January 8, 1851 (see acts 1850-1, p. 85), to take tolls from a turnpike road and a ferry connected with it over the Ouachita river. The charter was annulled by a judgment of the circuit court upon an information in the nature of quo warranto, filed by the attorney general on behalf of the state.
The cause was tried by the court without a jury. No declarations of law were asked and none were given; none of the evidence was objected to and a new trial was not asked. The bill of exceptions set forth the…
2Cases cited4 opinions
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Noyes v. ChapinNew York Supreme Court · 1831
- People v. President of Hillsdale & Chatham Turnpike RoadNew York Supreme Court · 1840
- People v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1839
3Cited by5 opinions
- Arkansas State Highway Commission v. Southwestern Bell Telephone Co.Supreme Court of Arkansas · 1944
- Morris v. CobbSupreme Court of Arkansas · 1921
- Chesapeake Ferry Co. v. Hampton Roads Transportation Co.Supreme Court of Virginia · 1926
- Shults v. MunnSupreme Court of Arkansas · 1916
- People v. North River Sugar Refining Co.New York Supreme Court · 1889